(a) Availability. (1) The Applicant may appeal the amount of the Initial Allocation recommended by Authority staff for that Application, including an Authority Staff determination not to recommend a Grant.(2) No Applicant may appeal an Initial Application made to another Applicant.(b) Timing. (1) The appeal shall be submitted to the Executive Director no later than five (5) business days following the date of the notification of Initial Allocation.(2) Appeals may be submitted to the Executive Director by email, mail or delivery to: CALIFORNIA HEALTH FACILITIES FINANCING AUTHORITY
915 CAPITOL MALL, ROOM 435
SACRAMENTO, CALIFORNIA 95814
EMAIL ADDRESS: chffa@treasurer.ca.gov
(c) Review. (1) The Executive Director shall review the appeal based on the Application as originally submitted. Any new or revised Application or additional documentation, and/or information that was not submitted in the original Application shall not be considered.(2) The Executive Director shall make a decision on the merit of the appeal and notify the Applicant of the decision no later than 10 business days after receipt of the appeal.(3) The decision of the Executive Director may be appealed to the Authority, by written notification to the Executive Director within five (5) business days from the date of the letter notifying the Applicant of the Executive Director's decision.(4) The Authority shall make a final decision on an appeal of the Executive Director's decision at the public meeting when Final Allocations are determined.(d) Successful appeal for Eligible Hospitals. (1) An Initial Allocation to an Eligible Hospital based on the appeal may result in a reduction or elimination of Initial Allocations to other Eligible Hospitals that would have otherwise received an Initial Allocation.(2) Adjustments to any Initial Allocations following any appeals may not be appealed.Cal. Code Regs. Tit. 4, § 7009
1. New section filed 4-12-2019 as an emergency; operative 4-12-2019 (Register 2019, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-7-2019 as an emergency; operative 10-10-2019 (Register 2019, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-8-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-8-2020 as an emergency; operative 1-9-2020 (Register 2020, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-8-2020 order transmitted to OAL 12-3-2019 and filed 1-16-2020 (Register 2020, No. 3). Note: Authority cited: Sections 1179.82, 1179.85 and 1179.87, Health and Safety Code. Reference: Sections 1179.85 and 1179.87, Health and Safety Code.
1. New section filed 4-12-2019 as an emergency; operative 4/12/2019 (Register 2019, No. 15). A Certificate of Compliance must be transmitted to OAL by 10-9-2019 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 10-7-2019 as an emergency; operative 10/10/2019 (Register 2019, No. 41). A Certificate of Compliance must be transmitted to OAL by 1-8-2020 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 1-8-2020 as an emergency; operative 1/9/2020 (Register 2020, No. 2). A Certificate of Compliance must be transmitted to OAL by 4-8-2020 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 1-8-2020 order transmitted to OAL 12-3-2019 and filed 1/16/2020 (Register 2020, No. 3).